Guarantee commission not taxable in terms of India-Germany DTAA

Draegerwerk AG & Co. KGAA Vs ACIT (ITAT Mumbai) ITAT Mumbai held that transfer pricing adjustment on account of guarantee commission income is unsustainable in terms of India-Germany DTAA. Facts- The assessee is a German-based provider of medical technology. It develops, produces and markets system solutions, equipment and services for the optimization of processes at the acute point of care, such as emergency care preoperative care, critical care and prenatal care. During the year under consideration, the assessee has supplied equipment and rendered certain services, the activities of whi...